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3234 To Amend An Agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional ServicesBY-LAW NUMBER 3234 OF THE CORPORA TION OF THE TOWN OFTILLSONB UR G A BY-LAW to Amend An Agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services WHEREAS The Corporation of the Town of Tillsonburg deems it necessary and expedient to amend the agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of the Community Safety and Correctional Services; THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Amending Agreement attached to as Schedule "A" and forming part of the Agreement between the Corporation of the Town of Tillsonburg and the Her Majesty the Queen in the Right of Ontario made as of the 13th day of March, 2006; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached amending agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. READ A FIRST AND SECOND TIME THIS 27th DAY OF November, 2006. READ A THIRD AND FINAL TIME AND PASSED THIS 27th DAY OF November, 2006. MAYOR -Stephen Molnar t.. CLERK -Michael Graves ADDENDUM This Amending Agreement made as of day of 112006. This Addendum attached to and forming part of the Agreement between the parties made as of the 13th day of March, 2006. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Community Safety and Correctional Services (the "Ministry") - and - Town of Tillsonburg (the "Municipality") - and Tillsonburg Police Services Board (the "Board") WHEREAS the Ministry has established the Safer Communities —1,000 Officers Partnership Program (the "Program") as part of the government's commitment to make Ontario communities safer and stronger; AND WHEREAS the objective of the program is to hire 1,000 New Police Officers across the province of Ontario from October 23, 2003, the beginning of the Ontario Government's mandate, to enhance community policing and the six -targeted areas identified by the government in its fight against crime in Ontario: youth crime, guns and gangs, organized crime and marijuana grow ops, dangerous offenders, domestic violence, and protecting children from Internet luring and child pornography; AND WHEREAS the 1,000 New Police Officers will contribute to government's efforts to address justice efficiency issues, which could lead to efficiencies in the court system; _2 - AND WHEREAS the Ministry has agreed to fund through the Program, 400 of the 1,000 police officers hired between October 23, 2003 and March 31, 2006 back to May 18, 2005; AND WHEREAS the Ministry has agreed to fund the Board by granting funds to the Municipality for the purpose of increasing the number of sworn officers of the TOW n of T i 11 s on b u r g OPP for meeting the objectives of the program; NOW THEREFORE, Schedule "A" to the Agreement is amended as follows: Allocation 1. The Ministry agrees to cost -share two (2) police officers who have been allocated to the targeted areas/court efficiencies as follows. A g C D Category Total Allocation (C + D) Hires Between October 23, 2003 &March 319_2006 Hires from April 1, 2006 to October 2007 Community Policing 0 0 0 Targeted Areas: Youth Crime Guns and Gans 1 0 0 1 0 0 Organized Crime (marijuana gr9w ops.) 0 0 0 Dangerous Offenders 0 0 0 Domestic Violence 1 1 0 Protecting Children from Internet Luring and Child Pornography 0 0 0 Court Efficiencies Total 0 2 0 0 1 1 2. The Ministry will provide the Grant in accordance with the Program, under the terms of which the Board and Municipality will carry out Community Policing and/or Targeted Area Activities as outlined in the grant application, attached as Schedule "B". 3. The Ministry will provide funding back to May 18, 2005 to the Board and Municipality for those officers hired between October 23, 2003 and March 31, 2006. Back funding for officers hired post May 18, 2005 would start 15 days prior to entry at the Ontario Police College (OPQ or lesser if the entry date at the OPC was less than 15 days after May 18, 2005. 4. In circumstances where the Board and Municipality have hired a new police officer(s) to allow the redeployment of a more experienced officer(s) to the targeted area(s), the Ministry will provide funding for the new officer(s) and not for the redeployed officer(s). -3- 5. The Grant shall be used by the Board and the Municipality solely for the purposes of enhancing the service's Community Policing and Targeted Area(s) capacity as well as contributing to court efficiencies, as applicable, and for no other purposes. The Grant shall not be used for purposes related to maintaining the existing complement of police officers, as defined by the October 23, 2003 Benchmark complement, self -declared to the Ministry in the grant application, attached as Schedule "B", due to the assignment of police officers to non -Community Policing and non -Targeted Area Activities. 6. If the Board and the Municipality is a participant in the existing Community Policing Partnerships (CPP) Program, the Municipality and the Board have a legal obligation to maintain the complement numbers for which they have already been funded and for which they continue to receive Ministry funding. Ontario Police College 7. Since admission of new officers under the program is tied to the Ontario Police College (OPC) Basic Constable Training intakes, the Board and Municipality shall ensure that the entry of the additional new officer into the program coincides with the OPC January 2007 intake. Should this date prove inconvenient, the Board and Municipality would have to obtain from the Ministry an extension to defer hiring to a later date to coincide with the OPC intake schedule. 8. In relation to new recruits, the Board and the Municipality shall ensure that the time between the date of hire of new recruits and their entry into the OPC does not exceed 15 days. October 23, 2003 Ben ch m ark 9. The Program will increase the actual total number of sworn officers above the October 23, 2003 figures self -declared to the Ministry. The purpose of this benchmark is to ensure that the Ministry is not paying the salaries of new officers hired to replace officers who have resigned, retired or been terminated. In addition, the Program will not cover civilianization or the hiring of existing officers who increase the complement due to amalgamations. Officers funded through the Program must increase the complement above the combined complement of the amalgamated police service. Use of the Grant Funds 10. The Grant shall be used to cost -share the costs of salaries, overtime and payroll benefits to approximately 50% up to a cap of $35,000 per officer per annum for officers hired under the Program and engaged in full time Community Policing and/or Targeted Area Activities. The Ministry's share of overtime will be 50% to a maximum of $5,000.00. Reporting Requirements 11. In order to receive the first cost -shared payment each fiscal year, to cover the officers' salary - related costs incurred from April 1St to September 30th, the Board and the Municipality shall, -4 - by October 15th of each Fiscal Year that the Agreement is in effect, submit an Interim Report, in the form provided in Schedule "C". The Interim Report shall include the following information: (a) the name(s) of the police officer(s) hired under the Program, the date hired, salary paid to date and salary requested (approximately 50%); (b) the name(s) of experienced police officer(s) redeployed to the Targeted Area(s), as applicable; (c) confirmation that the police officer(s) in the targeted area(s) has received specialized or adequate training, as applicable; (d) the number of sworn officers as of September 30th of each year and the number of sworn officers self -declared as of October 23, 2003 to the Ministry as well as the number of sworn officers submitted as of June 15, 2004 to Statistics Canada; (e) confirmation of Community Policing and Targeted Area Activities undertaken by the police officer(s) under the Program, as applicable; and (f) contribution to justice sector efficiencies, specifically efficiencies affecting the court system, as applicable. 12. In order to receive the final cost -shared payment each fiscal year, to cover the officers' salary -related costs incurred from October 1 St to March 31 st, the Board and the Municipality shall, by March 15th of each Fiscal Year that the Agreement is in effect, submit an Annual Report, in the form provided in Schedule "C". The Annual Report shall include the following information: (a) the names of the police officer(s) hired under the Program, the date hired, salary paid to date, salary requested (approximately 50%), overtime (actual) and overtime requested (50%) and total number of officers funded by the Program; (b) the name(s) of experienced police officer(s) redeployed to the Targeted Area(s), as applicable; (c) confirmation that the police officers in the targeted area(s) has received specialized or adequate training, as applicable; (d) the name(s) of existing police officers, overtime rate, total overtime hours (actual), overtime requested (50%); (e) the number of sworn officers as of March 15`h and the number of sworn officers self - declared as of October 23, 2003 to the Ministry as well as the number of sworn officers submitted as of June 15, 2004 to Statistics Canada; (f) confirmation of Community Policing and Targeted Area Activities undertaken by the police officers under the Program, as applicable; and (g) contribution to justice sector efficiencies, specifically efficiencies affecting the court system, as applicable. �7M 13. In order to receive the cost -shared back payment, to cover the officer's salary -related costs incurred between May 18, 2005 and March 31, 2006, the Board and the Municipality shall, by March 15, 2006, submit a Report, in the form provided in Schedule "D". The Report shall include the following information: (a) the name of the police officer hired under the Program, the date hired, salary paid to date, salary requested (approximately 50%), overtime (actual) and overtime requested (50%) and total number of officers funded by the Program; (b) the name of experienced police officer redeployed to the Targeted Area(s), as applicable; (c) confirmation that the police officer in the targeted area(s) has received specialized or adequate training, as applicable; (d) the name of existing police officer, overtime rate, total overtime hours (actual), overtime requested; (e) the number of sworn officers as of March 15th and the number of sworn officers self - declared as of October 23, 2003 to the Ministry as well as the number of sworn officers submitted as of June 15, 2004 to Statistics Canada; (f) confirmation of Community Policing and Targeted Area Activities undertaken by the police officer(s) under the Program, as applicable; and (g) contribution to justice sector efficiencies, specifically efficiencies affecting the court system, as applicable. Payment Schedule 14. The Ministry will reimburse the Board and the Municipality bi-annually subject to the Ministry receiving and approving the interim and annual Program reports. Overtime will be paid annually after the Program's Annual Report, in the form provided in Schedule "C", is received and approved by the Ministry. 15. The Ministry will reimburse the Board and the Municipality subject to the Ministry receiving and approving the Schedule "D" report. 16. The Board and the Municipality may be required to provide such further or additional information as the Ministry, acting reasonably, deems appropriate in approving the Program's Interim and Annual reports. 17. Approval of the Interim and Annual reports is at the sole discretion of the Ministry. Return of Unused Funds 18. The Board and Municipality shall return to the Ministry any balance of the Grant that is not spent in accordance with this Agreement. -6 - Ministry Representative 19. The Ministry Representative for the Program is: Eve Roknic Manager (A), Program Development Section Police Support Services Branch, Policing Services Division Ministry of Community Safety and Correctional Services 25 Grosvenor Street, 12th Floor Toronto ON M7A 2H3 IN WITNESS WHEREOF the parties have executed this Amending Agreement. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Community Safety and Correctional Services Date Date Witness Print Witness Name Date Witness Print Witness Name per: Authorized Signatory for the Ministry Noreen Alleyne Assistant Deputy Minister (A) Policing Services -,Division Town of TA' nburg per: f Aorized Signatory for the Municipality Name: Position: Tillsonburg Police Services Board per: j- Authorl'�r--VfSigna for the Board Name: �rc Position: K<,% Y'